Election Laws on Residency Requirements and Affidavit of Candidacy in Minnesota
This document outlines the residency requirements for various elected positions in Minnesota, including US Representatives, Senators, State Representatives, Senators, Governors, and Judges. It also explains the Affidavit of Candidacy process, highlighting the information that must be included in the affidavit. Additionally, it discusses the factors determining the address of residence and the importance of intent in establishing residency.
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ELECTION LAWS ON RESIDENCY ALEXIS STANGL SENATE COUNSEL OCTOBER 7, 2021
RESIDENCY REQUIREMENTS US Representative: live in state when elected (US Constitution, Art. 1, Sec. 2; Minn. Stat. 204B.06, subd. 4) US Senator: live in state when elected (US Constitution, Art. 1, Sec. 3; Minn. Stat. 204B.06, subd. 4) State Representative and Senator: 1 year in the state and 6 months in the district (MN Constitution Art. 4, Sec. 4; Minn. Stat. 204B.06, subd. 4a) Governor and Lieutenant Governor: 1 year in the state (MN Constitution Art. 5, sec. 2; Minn. Stat. 204B.06, subd. 4a) Judge: live in district at time of selection (MN Constitution Art. 6, sec. 4) General eligibility: reside in the district for 30 days (MN Constitution Art. 7, sec. 6)
AFFIDAVIT OF CANDIDACY (Minn. Stat. 204B.06) Affidavit of candidacy must include: A statement that the candidate meets or will meet the residency requirements A telephone number Address of residence or, in some cases, the candidate s campaign contact address Can request to use campaign contact address and keep address of residence private Must include address of residence on separate form attached to affidavit Must certify that: a police report has been submitted or an order for protection has been issued regarding the safety of the candidate or the candidate's family; or the candidate's address is otherwise private pursuant to Minnesota law. Does not apply to candidates for judicial office, county attorney, or county sheriff. Affidavits of candidacy are public documents
ADDRESS OF RESIDENCE (Minn. Stat 204B.06, subd. 1b; 200.031) Address of residence on affidavit is determined based on a variety of factors Location Residence is where the person s home is located and is where they return to. A person living permanently in a soldier s home or nursing home has residence where the home is located. If a person s home is in more than one precinct or political subdivision, the residence is in the precinct where the majority of the person s bedroom is located. Intent No present intent of leaving the residence. A person loses residence if the person moves elsewhere with the intention of living there for an indefinite period even if there is an intent to return at some indefinite future time. The mere intention to acquire a new residence is not sufficient to acquire residence unless the person moves to that location. Moving to a new location is not sufficient to acquire residence unless the person intends to remain there. A person does not lose residence if the person s home is destroyed by fire or natural disaster if the person intends to return to the home when it is rebuilt. Family A person s residence is located where the person s family lives, unless family is only living there temporarily. If a person s family lives in one place and the individual lives or does business in another, the person s residence is where the person s family lives unless the person establishes a home in the other location and intends to remain there with or without the person s family. A single person s residence is where the individual lives and usually sleeps. Temporary residence A person does not lose residence if living temporarily elsewhere. A person does not acquire residence if living temporarily elsewhere. A person loses residence if the person moves elsewhere with the intent to make that home or files an affidavit of residence there for election purposes. A person who is working temporarily in a different location has residence where the person s permanent home is located.
REVIEW OF ADDRESS (Minn. Stat. 204B.06, subd. 1b) Address may be reviewed by filing officer Federal offices = secretary of state State offices = county auditor of county where candidate resides or secretary of state County offices = county auditor Local offices = local official (auditor, clerk, etc.) Process for reviewing addresses For offices where the residency requirement must be satisfied by close of filing period A registered voter may make a written request to the filing officer to review of an address on an affidavit of candidacy Filing officer must determine if the address is within the appropriate district. If not, name is removed from ballot. Determination is subject to review in an errors and omission petition.
NOMINATING PETITIONS (Minn. Stat. 204B.07) A nominating petition must include the candidate s residence, including street and number Review process doesn t apply No option for private address Available for public inspection
